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United States Court Cases

District Of Columbia Court Of Appeals Record

WALTER ANTHONY STEWART V. UNITED STATES

Case Information: 09-CM-0045
Short Caption:WALTER ANTHONY STEWART V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Domestic Violence
Superior Court or Agency Case Number:DVM133-08Filed Date:01/13/2009

Opening Event Date:01/13/2009Case Status:Closed
Record Completed:05/22/2009Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:06/03/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWalter Anthony Stewart Y
Cedric D. MillerYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
01/13/2009NOTICE OF APPEAL
01/27/2009 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Cedric Miller, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the statement regarding transcript available for completion online. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. (By: GP)
01/27/2009APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Cedric Miller, Esquire
02/13/2009RECEIVED - motion for appeal transcript.
02/13/2009STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)dfe
05/15/2009RECORD INDEX
05/15/2009RECORD COPIES
05/22/2009SUPPLEMENTAL RECORD #1 (43 pgs/Peterson-Hart/ 1/05/09 proc.)
05/22/2009RECORD COMPLETED
05/29/2009 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
07/20/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until September 3, 2009 (no oppo)
08/13/2009 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before September 3, 2009. (By: GP)
09/03/2009APPELLANT'S MOTION FOR STAY - the appeal pending the resolution of the 23-110 motion filed in Superior Court or in the alternative for extension of time to file aplt's brief
09/09/2009ORDERED: That the motion for stay is hereby held in abeyance for 90 days to permit the trial court to rule on the pending motion. At the end ofthe 90 days period this court will deny this motion to stay and direct briefing unless there has been an intervening action taken in response to the trial court's resolution of appellant's motion. (By: ETW)
12/28/2009ORDER DENYING APPELLANT MOTION FOR STAY. It is FURTHER ORDERED that the appellant's brief and limited appendix shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. (By: ETW)
02/12/2010APPELLANT'S BRIEF
02/12/2010APPENDIX (attached to brief)
04/01/2010 It appearing that the brief of appellant was filed with this court on February 12, 2010, and it further appearing that the brief of appellee was due to be filed on or before March 19, 2010, (See D.C. App. R. 31), but the brief has not been filed, it is ORDERED that appellee shall within 20 days from the date of this order submit the brief, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the brief, or to request an extension of time within which to do so. (GP)
04/20/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to late file motion for summary affirmance (no oppo)
04/20/2010RECEIVED - aple's motion for summary affirmance
04/21/2010TMC - motion for summary affirmance - appellant's brief
05/13/2010 ORDERED that APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE IS GRANTED. See Oliver T. Carr Mgmt Inc. v. Nat'l Deli Inc., 397 A.2d 914, 915 (DC 1979)... SEE HARDCOPY It is *****MORE*****
05/13/2010 FURTHER ORDERED and ADJUDGED that the judgment on appeal be and hereby IS AFFIRMED. (KRBRFA) (dt)
06/03/2010MANDATE ISSUED